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JGM, Solicitor

Category: Law

Satisfied Customers: 12533

Experience: 30 years as a practising solicitor.

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I have bought cosmetic products 5 days ago and I would like

Customer Question

Hello, I have bought cosmetic products 5 days ago and I would like to return them. I haven't open the products at all, but I am concern with the return policy as shown below: ''Our refund policy is in accordance with the Sales of Goods Act 1979. Refund will be offered if the goods are returned within 28 days in unused condition and in original packaging and one of the following is the case: 1- Goods are found to be not of satisfactory quality 2- Goods are not fit for the purpose for which they are sold 3- Goods do not correspond with their description 4- Goods do not correspond with sample on display 5- Goods are not sold with good title If products are returned for any other reason, refunds and exchange will be at the discretion of the local Distributor. Because of the nature of the product we will only offer refund or exchange if your statutory rights have been affected. We will require proof of purchase.'' In any case, I developed a skin reaction the day after I had visited the shop and I believe that I satisfy reason 1 above. Please advise as to my rights around claiming a refund regardless of the skin allergic reaction. Please note that the items are in their original conditions, and have never been opened. Kind regards, Renelle

Thanks for your question. If you bought the goods from a shop (as opposed to online for example) there is NO automatic right to a refund unless th goods at faulty or don’t correspond to description etc as narrated in the legislation and the return policy you have quoted. That would mean that anyone could break a contract for sale of goods and that is not what the law says. “Not of satisfactory quality” does not necessarily mean that the product caused a skin reaction as that can be a natural result of some people using some cosmetics. It may, however, be a good argument for asking the retailer to exercise discretion and take the product back. I hope that answers your question. Please leave a positive rating so that I am credited for my time.

the problem is that the goods cost me 7,000 GBP and I thought the the price was 700 GBP. The receipt I got did not show an itemised billing and I did not realised that the price was 7000 as oppose to 700. Additionnaly, I am stuck with a 7,000 product I can't use. What are my options apart from a discretionary refund which I think I will not get. I looked online and there are many unsatisfied customers that claim unfair sales technique, i.e. pressure selling and repenting a non itemised bill

Customer:replied 2 months ago.

Please can you review my follow up comment?

Customer:replied 2 months ago.

additionally, the law regulating items bought prior to 1 Oct 2015, the legal protection's under the Sale of Goods Act 1979 rather than the Consumer Rights Act 2015. The vendor is claiming that this items I have purchase are regulated under 1979 Act rather than the 2015 Act. Please advise.

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